Judicial Diversion is a relatively recent development in the criminal justice system of New York, and it follows a model that has been implemented in many jurisdictions across the United States. Described under Article 216 of New York Criminal Procedure Law, Judicial Diversion is an opportunity for defendants who are charged with non-violent felony charges to avoid the harsh consequences of a criminal conviction, provided that they have a demonstrable substance abuse problem.
Similar to probation, Judicial Diversion requires that the defendant pursue a course of addiction treatment at a rehab center, as well as making regular court appearances to report to the judge on progress through treatment. The Judicial Diversion program represents a major reform from earlier years when the state applied the infamously tough Rockefeller Drug Laws. There is, however, no guarantee that a defendant will be placed in Judicial Diversion, and the fate of Mr. Schuster’s client was anything but certain.
In order to show the Judicial Diversion Court that his client was eligible for this alternative program, Attorney Robert Schuster demonstrated that his client was:
· - Not a threat to the community
· - Had an addiction to a controlled substance
· - Was capable of successfully completing treatment, and
· - The addiction was the cause of the criminal activity charged
Despite initial opposition from the office of the District Attorney, Mr. Schuster persuaded the presiding Judge to accept his client into the program, which he has now completed and graduated from. All of the charges were dismissed, and the client remains gainfully employed. This case represents yet another example of Robert Schuster’s proven ability to get outstanding results for his clients. Mr. Schuster is a former prosecutor and has a 95% success rate at trial. To learn more about the firm, visit www.westchestercriminaldefense.com.